General

Context Burkina Faso is one of the poorest countries in the world. In 2019, it ranked 182nd out of 189 countries on the United Nations Human Development Index (HDI). 70% of the population lives in rural areas and is highly dependent on agriculture. However, almost no agricultural land is registered or legally recognized. This can threaten farmers' rights to use the land they cultivate and thus their entire livelihood. This situation is becoming increasingly problematic in the face of rising demand for land, caused not only by population growth, but also by the emergence of new players, such as agricultural investors, but also gold miners and real estate developers. With Law 034/2009 on "rural land tenure", Burkina Faso has created a legal framework that regulates the procedures for registering and securing land. Yet the bodies envisioned in this law, often do not exist or are not functional, especially at the communal and village level. Moreover, the population is often not sufficiently aware of the need to register and legalize their land rights. In addition, the traditional land tenure system disadvantages certain population groups, such as women, migrants and youth, and hampers their long-term access to land. This situation of insecurity and the resulting lack of prospects often makes it difficult for those groups to become self-reliant and inhibits investment.   Activities in Burkina Faso In Burkina Faso, the project supports the political partners in the application of the law through the following fields of action: Field 1 works to strengthen the institutional framework and improve land security procedures in 8 municipalities in the South-West and Hauts-Bassins. Field of action 2 aims to involve civil society more in the implementation of responsible land policies and in the resolution of land conflicts. Through field 3, the project will raise the awareness of agricultural investors and other economic actors regarding the adoption of a responsible land policy. An example from the field In Burkina Faso, there are many cooperatives which produce and process agricultural products. These cooperatives are often made up of women. Especially women producers of cassava, which is processed into couscous (attiéké), benefit from this division of labor, where some members are responsible for production, others for processing and still others for marketing the product. These cooperatives usually work on land that men from their villages make available to them informally. However, this agricultural activity is accompanied by soil enrichment measures. Because of this enrichment, the land gains in value and is often taken over by the landowners after a few years of use by the women. Many women therefore regularly lose their production base. Law 034/2009 offers several solutions for such cases: Certificates of Rural Land Ownership (the most formal scheme), Certificates of Rights of Use (land loans, rental or lease agreements, permission for temporary access to land) or Land Charters, which set the conditions for land use by certain groups. In addition, the law also provides for the establishment of local bodies to settle such conflicts. Examples of this are the Land Commissions, which support the registration of land certificates, and the Land Conciliation Commissions. However, although these commissions often exist at the village level, their members are usually not aware of their role. The project therefore supports the commissions in better performing their tasks and sensitizes their members as well as the general public to the various possibilities offered by the law. It will also develop simplified templates for the various documents required. Finally, it will strengthen the capacities of civil society actors so that they can moderate land conflicts in their respective areas of activity.

General

Context Benin has 12 million inhabitants (growing 2.8% yearly) and a population density of 105 inhabitants per km². A large part of the population – around 70% – earn their living from agriculture which accounts for one third of Benin’s Gross Domestic Product. Unfortunately, lack of knowledge of the land law hinders urgently needed investment in rural areas. Less than 2% of the farmed land is protected by land titles. And of those titles less than 1% are owned by women. The informal land use system is largely unable to cope with the growing pressure on agricultural land. Disputes between local smallholders and nomadic or settled pastoralists are very common. The challenges in Benin include the substantial disadvantage of women and marginalised groups, undocumented land transactions and land rights as well as a lack of knowledge of the law. At the same time, opportunities exist: the new land law of 2017 (fostering customary ownership rights), a proactive land policy and existing decentralized land services provide a basis for increasing land tenure security. The project uses these opportunities to improve the situation. Customary traditional rights are being formalised and the institutional framework is being strengthened to improve the chances of a fair and responsible land policy. Thereby, the project represents an important contribution to combating hunger and poverty in Benin.   Activities in Benin The first field of activity aims to improve the institutional framework and processes for securing land use and ownership rights in the department of Borgou. In the second field of activity, the project aims to increase the involvement of civil society in formulating and implementing a responsible land policy. The third field of activity focuses on private agricultural investors and on raising their awareness of implementation of a responsible land policy as part of the G7 New Alliance initiative. An example from the field Benin passed legislation in 2017 to align the national land administration with international guidelines. The project supports the implementation by building both individual and institutional capacity. A core process is the recording of village residents land rights through either the rural land registry (Plan Foncier Rural, PFR) or through certificates of customary ownership (Attestation de Detention Coutumière, ADC). This is being achieved in cooperation with the National Agency for Domains and Land, as well as with local mayors, who are responsible for validating and signing the ADCs. Land rights are being registered, mapped and formalised, facilitating the issuing of official documents. After 4 years of implementation, the project succeeded in securing land rights for over 8,500 households. In 2016, only 1% of the titles belonged to women, whereas now, 28% of the titles are in the name of a female household member. More than 9,000 parcel plans (equalling a total of 140,000 ha) have been demarcated and registered. The project also seeks agricultural investments to comply with international guidelines. In this regard, the project and its partners created a National Charter. The Charter is based on the Voluntary Guidelines on the Responsible Governance of Tenure by the Food and Agriculture Organisation of the United Nations and serves as a guideline for sensitization and commitment of all stakeholders.   Project structure and partners Beside the two Ministries (MAEP - MEF), the project cooperates closely with non-state actors such as NGS and local authorities (e.g. intermunicipality of Borgou: ADECOB). Active synergies are developed with other German cooperation projects. Accompanying field research (with the World Bank) is carried out with a survey on the impact of the process in Borgou. Studies are also conducted in cooperation with the State University of Parakou.

General

Context Madagascar is the fourth largest island in the world and has about 24 million inhabitants. 65 % of the population are directly or indirectly dependent on agriculture and forestry, most of them working in subsistence agriculture (rice, maize and manioc). 70 % of the land is used for agriculture, including a high proportion of pastures, and only about 15 % of the land is still covered by forest. Deforestation and degradation of forest landscapes are some of the country's biggest environmental problems. Consequently, livelihoods and agricultural productivity in rural areas are increasingly endangered. As part of the African Forest Landscape Restoration Initiative (AFR100), Madagascar has committed itself to restoring 4 million hectares of forest landscapes by 2030. This commitment is offset by a lack of clearly defined and formalised rights for land use and ownership, which inhibits the willingness to invest into forest restoration. Such an investment without a secured, long-term use perspective involves a high risk. Women and marginalised groups find it particularly difficult to assert their land use rights, as they generally know little about legal regulations and procedures and are thus unable to claim their rights. Activities in Madagascar The country module is active in three fields of activity: Activities in field 1 are improving the institutional framework and the processes for securing rights of use or ownership of land for the rural population in the Boeny region. Field of activity 2 ensures that the securing of land use and ownership rights for the local population is part of pilot measures to restore forest landscapes. In the third field of activity, the project aims to increase the involvement of the civil society, which is a main implementing partner, in formulating and implementing a responsible land policy concerning forest resources. An example from the field From a formal point of view, the legal situation in Madagascar since the land reform in 2005 presents a solid basis for smallholder farmers to formally register their land and obtain a land use certificate for it. The decentralised system provides for a competent authority (Guichet Foncier) in each municipality to issue these certificates. Reality shows, however, that in many places the issuance of land certificates is de facto impossible, as Guichet Fonciers have only been opened in 535 of Madagascar's 1693 municipalities, are often understaffed or not functional due to a lack of infrastructure. Moreover, the process of applying for the certificate and of proving land use is currently complicated and costly in many of the municipalities. The ProPFR project (Promotion d'une Politique Foncière Responsable – Promotion of a Responsible Land Policy) is therefore committed to improving and simplifying the procedure for obtaining a land certificate. In order to achieve this goal, a Land Inventory Protocol (LIP) procedure has been introduced, which allows the rural population in the pilot communities to participate in a systematic land inventory. Civil society and decentralised structures responsible for land law are jointly developing an efficient and transparent procedure for inventorying the parcels and are being supported in the process. As a result, LIPs are to be issued, which already bundle various information required for the application for a land use certificate. By doing so, multiple field surveys are to be avoided and the latest technology is to be used to make precise land surveys possible.   Results More than 6,200 plots, including 3,400 assigned to women, covering an area of more than 23,600 ha have been inventoried. In the implementation of forest landscape restoration (FLR), 3 sites covering an area of more than 11,000 ha have been demarcated by the IPSS women's team. The 10 mayors of the project's communes were trained on land tenure and 53 state actors (45% women) received training on land tenure and territorial planning for sustainable development. In addition, 139 key actors (public sector, private sector, women, marginalised groups) were educated on the legal and regulatory framework for land. 20 trainers were taught how to provide legal assistance on land issues to target groups.